CHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment disposes of Civil Writ Petition No. 171 of 1985, 6983,11268, 11269, 11270, 11271, 11275, 11276, 11486 of 1988, 5322, 10063 of 1989", 7930, 7934, 7936, 7937 of 1992.

(2.) IN CWP. No. 171 of 1985 under Articles 226/227 of the Constitution of India, a challenge has been made to the order passed by the Commissioner, Ferozepur Division, Ferozepur, reversing, on appeal the order dated September 9, 1981 passed by the Sub-Divisional Officer (Civil), Faridkot. exercising the powers of the Collector (hereinafter the Collector) allowing the petitioner to continue in possession of Government land comprising Khasra No. 2276/1, 7 measuring 32 Kanals 19 Marias until the same was allotted to him in accordance with the Government instructions/rules. In other connected writ petitions, a challenge has been made to the orders passed by the Commissioner, Ferozepur Divisions, Ferozepur, affirming in appeals to orders passed by the Collector evicting the petitioner from the disputed Government land under the Punjab Public Premises and Lands (Eviction and Rent Recovery Act, 1973 ).

(3.) FACTS of C. W. P. No. 171 of 1985 first: Notice under Section 4 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (for short, the Act) was served on the petitioner to show cause as to why an order of eviction be not passed against him. The Collector, after hearing the petitioner, permitted him to continue to occupy the land till the same is allotted to him in accordance with the Rules and instructions. The State of Punjab through Tehsildar, Faridkot challenged the order of the Collector, Faridkot in appeal before the Commissioner, Ferozepur Division, Ferozepur (hereinafter the Commissioner ). The appeal was allowed observing thus :